A Chatham jury has been tasked with weighing the act of self-defence in deciding whether to convict a young man of second-degree murder for a 2021 fatal stabbing.
Kyle Samko, 28, has pleaded not guilty to second-degree murder in the death of Manuel (Manny) da Silva, 35.
Crown and defence lawyers made their closing arguments to the jury Wednesday morning.
Assistant Crown attorney James Boonstra told jurors there was no evidence of what the accused was thinking, but that Samko made a choice to take the actions that he did.
"When you stab someone in the chest, the reasonable consequence is that person dying," said Boonstra.
According to Boonstra, two videos taken from security cameras at a Petro Canada gas station across the street showed Samko initially running away from da Silva. Samko then stops, turns, lunges forward, and stabs da Silva in the chest.
He said Samko could have kept running, but he didn't.
Boonstra told the jury to look at the surveillance footage carefully. He indicates people at the gas station and walking along Park Avenue, adding that Samko could have called for help.
"There were a lot of people around," said Boonstra.
However, Defence Lawyer Luigi Perzia argued that Samko acted in self-defence.
He said Samko didn’t immediately take out a knife when first confronted by da Silva, noting video showed Samko backing away, but da Silva spraying him with a can of repellent.
"However you look at it, this is self-defence," said Perzia.
The trial resumes Thursday.